33 C.F.R. § 64.31

Determination of hazard to navigation

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

In determining whether an obstruction is a hazard to navigation for the purposes of marking, the District Commander considers, but is not limited to, the following factors:

(a) Location of the obstruction in relation to the navigable channel and other navigational traffic patterns;

(b) Navigational difficulty in the vicinity of the obstruction;

(c) Depth of water over the obstruction, fluctuation of the water level, and other hydrologic characteristics in the area;

(d) Draft, type, and density of vessel traffic or other marine activity in the vicinity of the obstruction;

(e) Physical characteristics of the obstruction;

(f) Possible movement of the obstruction;

(g) Location of the obstruction in relation to other obstructions or aids to navigation;

(h) Prevailing and historical weather conditions;

(i) Length of time that the obstruction has been in existence;

(j) History of vessel incidents involving the obstruction; and

(k) Whether the obstruction is defined as a hazard to navigation under other statutes or regulations.

[CGD 91-031, 57 FR 43403, Sept. 21, 1992]

Notes of Decisions

Cited in 1 case, 2003–2003 · leading case: Marbulk Shipping, Inc. v. Martin-Marietta Materials, Inc., 271 F. Supp. 2d 1374 (S.D. Ala. 2003).

Sort: Relevance Newest Treatment

Marbulk Shipping, Inc. v. Martin-Marietta Materials, Inc., 271 F. Supp. 2d 1374 (S.D. Ala. 2003). “33 C.F.R. 64.31 (2002). This statement of policy considerations satisfies the government’s “burden of production of the policy considerations that might influence the challenged conduct.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.